Resolution-PC 98-199RESOLUTION NO. PC98-199
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A REQUEST TO AMEND RESOLUTION NO. 90R-197,
AMENDED BY RESOLUTION NOS. 90R-317 AND 90R-386 AND
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3269
WHEREAS, on June 11, 1990, the City Council adopted Resolution No. 90R-197 to grant
Conditional Use Permit No. 3269 and permit expansion of a dance hall with on-premises saie and
consumption of alcoholic beverages in an existing restaurant at 501-509 South Brookhurst Street; and
WHEREAS, said resolution was subsequently amendeii on August 14 and October 16,
1990, in connection with Resolution Nos. 90R-317 and 90R-386 to amend certain conditions of approval
(Nos. 10 and 12), including the following:
12(a) That the business hours of operation shall be limited to the following:
Fridays: 9:00 p.m. to 1:30 a.m.
Saturdays: 9:00 p.m. to 1:30 a.m.
Sundays: 9:00 p.m. to 12:30 a.m.
Holidays (as listed below): 9:00 p.m. to 1:30 a.m.
Christmas Day, Thanksgiving Day, Memorial Day, Vietnamese New Year, Labor
Day, Easter Sunday, Independence Day
WHEREAS, the property is developed with a commercial center, including subject dance
hall (The Ritz), in tre CL (Commercial, Limited) zone; and
WHEREAS, the petitioner proposes amending or deleting Condition No. 12(a) pertaining
to limited hours of operation for the existing public dance hall with sale of alcoholic beverages for on-
premises consumption under authority of Code Sections 18.03.091 and 18.03.092, to extend the hours of
operation to seven days a week, including Mondays through Thursdays, 9 p.m. to 1:30 a.m.; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
lhe City of Anaheim on December 21, 1998 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
15.03, to hear and consider evidence for and against said proposed condilional use permit and to
investigate and make findings and recommendations in connection therewith; and that said hearing was
continued from the meetings of October 26, November 23 and December 7, 1998, for the petitioner to
submit a noise study as requested by the Commission.
WHEREAS, said Commission, after due inspection, investigation and sludy made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the foliowing facts:
1. That the request to amend a conditional use permit is authorized by Anaheim Municipal
Code Sectfons 18.03.091 and 18.03.092.
2. That the proposed request is hereby denied on lhe basis that increasing the number of
business days from three (Fridays, Saturdays and Sw;~days) plus holidays, to seven (lhe entire week) will
adversely affect the adjoining land uses and the growth and development of the area in which the danae
hall is located.
CR3504PK.DOC -1- PC98-199
3. That the size and shape of the site for the use, as pr~posed, is not adequate to allow full
development of :he propusal in a manner not detrimental to the particular area nor to the peace, heaith,
safety and g2neral welfare of the Citizens of the City of Anaheim.
4. That amending this conditionai use permit, as proposed, will be detrimental to the peace,
heaith, safety and general welfare of fhe Citizens of the City of Anaheim.
5. That the traffic generated by the use, as proposed to be amended, wil: impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
6. That the proposed modification is not reasonably necessary to protect the public peace,
health, safety or general welfare, nor is it necessary to permit reasonable operation under the conditional
use permit as originally granted and subsequently amended.
7. That six peopie indicated their presence at the public hearing in opposition to the
proposed amendment; and that no correspor~dence was received in opposition to the proposal.
CALIFORNIA ENVIRONMFNTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to amend or delete a condition of approval pertaining to
hours of operation of an existing public dance hall with sales of alcoholic beverages for on-premises
consumption located within an existing commercial center on a rectangularly-shaped 1.92-acre property
having a frontage of 100 feet on lhe west side of Brookhurst Street and a maximum depth of 330 feet, and
heing located 390 feet north of the centerline of Orange Avenue at 501-509 South Broakhurst Street (The
Ftitz); and does hereby determine that the Negative Declaration previously-approved in connection with
Conditional Use Permit No. 3269 is not adequate to serve as the required environmental documentation
for this request, that it has considered the previously approved Negative Declarafion together with
camments received during the public hearing, and further finding on lhe basis of fhe Initial Study and
comments received that there is substantial evidence that the proJect will have a significant effect on the
environment.
NOW, THEREFORE, BE IT P.ESOLVED lhat the Anaheim City Planning Commission
does hereby deny the proposal to amend Resolution No. 90R-197, adopted in connection with Conditional
Use Permit and previously amended by Resolution Nos. 901~-317 and 9-386, on the basis of the
aforementioned findings. . .~-
THE FOREGOING RESOLUTION ' opted at t anning Commission meeting of
December2l, 1998. ~~ / f ~
CHAIRPERS~UN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
O ~.Q.~,o....
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA ) .
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby
certify ihat the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on December 21, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this ai day of
~__~ , 1999.
0 5.~s~s.o~..
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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